Commonwealth Consolidated Acts

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NAVIGATION ACT 2012 - SECT 303

State of mind

  (1)   In proceedings for a civil penalty order against a person for a contravention of a civil penalty provision (other than because of subsection   301(1)), it is not necessary to prove:

  (a)   the person's intention; or

  (b)   the person's knowledge; or

  (c)   the person's recklessness; or

  (d)   the person's negligence; or

  (e)   any other state of mind of the person;

other than as expressly provided.

  (2)   An expression used in a civil penalty provision that expressly provides for a state of mind has the same meaning as in the Criminal Code .

  (3)   Subsection   (1) does not affect the operation of section   302 (mistake of fact).



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